And then there's Florida. Here is their take:
202.3Alterations.
Where existing elements or spaces or common areas are altered, each altered element, space or area shall comply with the applicable requirements of Chapter 2 and section 201.1.1. See Section 208.1 for existing parking.
EXCEPTIONS:
- 1.Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.
- 2.In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.
- 3.Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.
Advisory 202.3 Alterations. Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible.
Florida requirements for existing parking s.553.5041(g), F.S., and vertical accessibility s.553.509, F.S., are incorporated into this general section applicable to alterations. Florida requirements may be waived down to the ADA Standards requirements.
202.3.1Prohibited Reduction in Access.
An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.
Advisory 202.3.1 Prohibited Reduction in Access. Department of Justice regulations 28 CFR 35.133 for public entities (Title II) and 28 CFR 36.211 for private entities (Title III) clarify that reduction of accessibility is benchmarked to the 2010 ADA Standards for Accessible Design as adopted by this code. Those regulations state: “If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.”
202.3.2Extent of Application.
An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.
202.3.3Barriers at Common or Emergency Entrances and Exits.
Barriers at common or emergency entrances and exits of business establishments conducting business with the general public that are existing, under construction, or under contract for construction which would prevent a person from using such entrances or exits shall be removed.
202.4Alterations Affecting Primary Function Areas.
In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost pursuant to 202.4.1. Alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.
EXCEPTIONS:
- 1.Residential dwelling units shall not be required to comply with 202.4.
- 2.If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1994 or 1997 Florida Accessibility Code, the private entity is not required to retrofit such elements to reflect incremental changes in the proposed standards solely because of an alteration to a primary function area served by that path of travel.
- 3.The path of travel requirements shall not apply to measures taken solely to comply with barrier removal requirements.
- 4.If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1994 or 1997 Florida Accessibility Code or the Uniform Federal Accessibility Standards, as an equivalent facilitation, before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in this code solely because of an alteration to a primary function area served by that path of travel.
- 5.The path of travel requirement shall not apply to alterations undertaken solely for purposes of meeting the public entity program accessibility requirements of § 35.150, 28 CFR 35.
- 6.If a tenant is making alterations that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord’s authority, if those areas are not otherwise being altered.
In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General (see definition of primary function).
Notwithstanding the requirements of this section, section 201.1.1 shall apply.
Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, “Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.” (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).
There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank’s employee areas such as the teller areas and walk-in safe are primary function areas.
Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.
DOJ regulation 28 CFR 36.403(c) gives the following examples of alterations that effect the usability of or access to an area containing a primary function. Such areas include but are not limited to: remodeling merchandise display areas or employee work areas in a department store; replacing an inaccessible floor surface in the customer service or employee work areas of a bank; redesigning the assembly line area of a factory; or, installing a computer center in an accounting firm.
Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 of the code, apply to the path of travel upgrades required by 202.4. Florida requirements may be waived down to the ADA Standards requirements.